National Labor Relations Act (NLRA) (29 U.S.C. §§ 151–169)
The primary federal statute governing private-sector labor relations. Enacted 1935 (Wagner Act); amended 1947 (Taft-Hartley Act) and 1959 (Landrum-Griffin Act). Administered by the National Labor Relations Board (NLRB).
Core Structure
| Section | Topic |
|---|---|
| § 7 | Protected rights of employees |
| § 8 | Unfair labor practices (employers § 8(a); unions § 8(b)) |
| § 9 | Representatives and elections |
| § 10 | Prevention of unfair labor practices; NLRB enforcement |
Key Provisions
§ 7 — Protected Rights
Employees have the right to self-organize, form/join/assist labor organizations, bargain collectively through chosen representatives, and engage in concerted activities for mutual aid or protection. Also grants right to refrain from such activities (Taft-Hartley addition).
§ 8(a) — Employer Unfair Labor Practices
- § 8(a)(1): Interfere, restrain, or coerce employees in § 7 rights
- § 8(a)(2): Dominate or assist a labor organization
- § 8(a)(3): Discrimination to discourage union membership
- § 8(a)(4): Retaliation for filing charges/giving testimony
- § 8(a)(5): Refuse to bargain collectively in good faith
§ 8(b) — Union Unfair Labor Practices (Taft-Hartley)
- § 8(b)(1): Restrain or coerce employees in § 7 rights
- § 8(b)(3): Refuse to bargain in good faith
- § 8(b)(4): Secondary boycotts (prohibited)
- § 8(b)(7): Recognitional picketing
§ 9 — Elections
- Majority rule: representative designated by majority of employees in appropriate bargaining unit is exclusive representative
- NLRB determines appropriate bargaining unit (community of interest test)
- Secret ballot elections; card check recognition
§ 10 — Enforcement
- NLRB complaint procedure: Regional Director → ALJ → Board → Court of Appeals
- § 10(j): Discretionary injunctive relief
- § 10(l): Mandatory injunctive relief for certain secondary boycott violations
- § 10(b): 6-month statute of limitations for ULP charges
Scope
Covers private-sector employees. Excludes: agricultural laborers, domestic servants, supervisors, independent contractors, government employees (covered by CSRA or state law), railroad and airline employees (covered by Railway Labor Act).